Fox River Manufacturing Co. v. Reeves

Citations

• 68 Ill. 403

Syllabus

<p>1. New trial—verdict against weight of evidence. Where the plaintiff sought to recover on the ground that a written contract was changed by a subsequent verbal agreement, whereb}'-, instead of his taking a given number of shares in a building erected by him for the defendant, and his share of the rents, he was to be paid in cash, and he so testified, but in this was flatly contradicted by the president of the company, and the proof showed that after the alleged change he claimed additional shares in consequence of the increased value of the building, and received his share of the rents, it was held, that a verdict in his favor was against the weight of evidence, his testimony being contradicted by his own conduct.</p> <p>2. Same—recovei'y too large. In such a case a verdict giving the plaintiff the whole amount of his claim for work and material, without deducting the rents received by him, will be for too large a sum, and can not be sustained. If the contract was changed, he could have no claim for any portion of the rents, and having received them they should be applied in payment of his demand.</p> <p>8. Contbact—construed. Where the plaintiff agreed to complete a building for a certain sum, one-half of which was to be paid him in money, and he was to take 41 shares out of 142, which represented the whole interest in the building and grounds, in payment for the balance due him, it was held, that when the value of the building was enhanced by certain changes in the plans, for which the plaintiff paid nothing, he had no right to any extra shares representing the enhanced value, but was entitled to receive only those he had contracted for.</p> <p>4. Debt—when it lies. Debt can only be maintained for a sum certain, or which may be rendered certain by computation. For a refusal to convey shares ifi a building according to the terms of a contract under seal, when the contract fixes no value to the shares, debt will not lie. Covenant is the appropriate action in such